The Factories Act 1948 was enforced on 1st April 1949 with the objective of regulating the work...
The Compliance under the Factory Law is governed under the Factories Act 1948. The Factories Act went through a series of amendments, and the final Act came into force on 1st April 1949.
The Act was formulated with the objective of regulating the working conditions of the workers in the factory, and in furtherance of the same, the Act enlists certain compliance requirements which are needed to be fulfilled by the occupier of the factory mandatorily to avoid any penalties.
This article discusses the Factory Law Compliance Checklist according to the Factories Act and Labour Code 2022, which an occupier must be aware of before starting the factory.
The Factory Law Compliance Checklist consist of the following Compliance
The occupier needs to obtain a licence in accordance with section 6 of the Act, for which he must send a notice 15 days prior as per section 7
Compliance regarding the health of the workers/employees is enumerated in Chapter III of the Act and is a very important part of the Factory Law Compliance Checklist, which are –
Cleanliness – There shouldn’t be an accumulation of dirt, and the factory must be clean at all times. The floor, windows, washrooms, passages; benches should be cleaned with a disinfectant on a regular basis and the record of all the relevant details, such as dates of painting, varnish, cost incurred etc., should be maintained in the register of the factory.
Proper Disposal of Waste and Effluents – There must be a proper arrangement for the disposal of waste and effluents in the factory as per the rules prescribed by the State Government.
Adequate Ventilation and Temperature- there must be proper circulation of air in the factory to ensure ventilation; along with this, the walls and roofs of the factory must be of good quality and shall be constructed in a way that won’t let the temperature of the factory doesn’t rise beyond the reasonable condition of comfort.
Management of Dust and Fumes – If the nature of the work carried out in the factory results in the release of fumes or dust in substantial quantity within the factory, then adequate measures must be taken to prevent the accumulation of the same in any workroom.
Artificial Humidification – The water used for artificial humidification should be taken from a public water supply or any other source of drinking water and must be effectively purified before using it for artificial humidification.
Overcrowding – It is important to ensure that no room is overcrowded to an extent which can be injurious to the health of the workers of the factory.
Lighting – There must be adequate lighting (natural and artificial or both ) in the passage as well as the workroom of the factory and the glazed windows and skylights used for the purpose of lighting in the workrooms should be clean both from the outer as well the inner surface.
Drinking Water – There must be the arrangement of proper drinking water at suitable and conveniently situated places, and the label “Drinking Water” should be mentioned in a legible manner in the language understood by the workers.
Latrines and Urinals – There must be sufficient latrine and urinal accommodation which should be accessible to the workers at all times within the premises of the factory. It is to be noted that there should be separate enclosed accommodation for males and females, which must be adequately cleaned, ventilated and lighted as per the Factory Law Compliance Checklist.
Spittoons – Every factory must have sufficient no. of spittoons at convenient places and must be cleaned regularly. The workers shall be prohibited from spitting at any places other than the spittoons, and the penalty for such violation must be mentioned at suitable places of the premises.
The compliances regarding the safety of the workers/employees as per the Factory Law Compliance Checklist are
Working on or near Machinery in Motion – In case it is necessary to examine any part of the machinery when it is in motion, such examination must be done by anyone other than a woman or a child. In addition to this, the worker must be dressed in the attire as prescribed by the Act.
Precautions Regarding the Employment of Young Persons on Dangerous Machines – No young person should be allowed to work on dangerous machines without taking precautions, training and supervision from a person having experience working on that machine.
Striking gear Devices and for cutting off power – suitable striking gear or any other devices should be provided and maintained for the smooth movement of driving belts and loose pulleys, along with the arrangements of cutting off power in case of emergencies.
Safe Place for Self-Acting Machines – No traversing part of a self-acting machine should run in a space where a person is liable to pass.
Encasing of New Machinery- Each part of new machinery must be guarded or encased in order to prevent any danger, and any existing machinery which does not require frequent adjustment while in motion must be completely encased until and unless it is at a safe place which can be considered equivalents to being encased.
Maintenance of Hoist and Lifts, Lifting machines, ropes, chains, ropes and lifting tackles – All the parts of this equipment must be constructed with good quality material without any defects and must be checked by the competent officer within the time prescribed in the Act.
Revolving Machinery – The revolving machinery should be properly affixed, and a notice stating all the relevant information must be displayed near the machinery to ensure safe working peripheral speed.
Safe working pressure for Pressure Plants – in case any factory, machinery or plant is operating above the atmospheric pressure, there is a need to take adequate measures to ensure the safe working pressure of the parts of the same.
Covering the pits, sumps or openings in floors – It is important to cover any pits, sumps or openings of floors that can be dangerous for anyone in the factory.
Excessive Weight – No worker in the factory must carry weight which can cause injury to the worker
Protective Eyewear – in case the operations of the factory involve a risk of injury to the eyes. The concerned person must ensure to provide protective eyewear of screen to the worker during this process to avoid any injuries.
Precautions Against Dangerous, inflammable gases, fumes or use of portable eclectic light and fire – the electric light being used must not be more than 24 volts and must be used in any confined space, tank or chamber.
Proper precautions must be undertaken regarding the dangerous, inflammable gases or fumes and must prevent the outbreak of fire as well as ensure a safe escape in case of such an outbreak.
Maintenance of Building – the occupier, must ensure the proper maintenance of the building to avoid any injuries.
Appointment of Safety Officer – Where the no. of employees is more than 1000, it is mandatory to appoint a safety officer as per the Factory Law Compliance Checklist.
The workers must be provided with the following facilities under this section of the Factory Law Compliance Checklist
The Factory Law Compliance Checklist regarding the working hours of the adults contains the following compliances.
Working Hours – the daily weekly hours cannot be more than 48 hours a week which can complete by the employee. The working hours can be completed within a 4, 5 or 6 days week structure.
Holidays – The employee will be entitled to 3 weeks off. However, if the employee works for 8 hours in a week, he shall be eligible for just one week offs. Similarly, the employee who works for 12 hours is entitled to 3 weeks off, and 9 hours will be 2 weeks off.
Compensatory Holidays– the compensatory off can be granted in the month in which he was deprived of any holidays or 2 months after that.
Night Shifts- in case a worker works on a night shift, the hours he has worked after midnight must be counted in the previous day.
Prohibition of Overlapping Shifts– There should not be overlapping of shift and 2 workers should be given the same work at the same time.
Extra Wages for Overtime– the wages for overtime should be twice the actual pay.
Restriction on Double Employment– No worker can work in 2 factories at the same time.
Period of Work for Adults on Notice Board – A notice must be put every day clearly showing the periods in which adult workers may be required to work that day.
Register of Adult Workers– it is mandatory for every factory to maintain a register of adult workers consisting of the name and type of the work performed by employee / worker.
Hours of Work to tally with Notice as well as Register– No worker should be allowed to work other than mentioned in the notice and the register.
Bar on Employment of Young Children– No child below the age of 14 years of age is allowed to work in any factory.
Working Hours for Children– No child shall be allowed to work more than four and a half days in a day and should not be allowed to work at night at all. Apart from this, all the other compliance are the same as adults. No adolescent or women can work after 7 pm.
Annual Leave with Wages– Every worker who worked for a period of 180 days or more in a factory for that year should be allowed to have leaves with wages in the subsequent year.
Wage During Leave Period– The worker who has taken leave as per section 79 or 80 of the act would be entitled to wages equvilent to his daily wage during the month immediately preceding his leave.
Along with the occupier, a Health Register about persons employed in occupations declared to be dangerous operations. The following compliances are to be fulfilled
It can be observed from the above article that the Central Government have formulated the factory law Compliance Requirements quite meticulously in order to safeguard the interests of the workers in the factory and provide a safe and healthy working environment for them by ensuring better working conditions in the factory. Hence it is important for the occupier to comply with the above-mentioned Factory Law Compliance Checklist before beginning the operations of the factory.
Read our Article: All about the Factories Act, 1948 in India